By unanimous consent of the CPWV Executive Committee at meeting duly assembled at Terra Alta, Preston County, WV, September 11, 2011, the following resolution has been proclaimed and simultaneously proposed for introduction at the upcoming CP National Party meeting on October 7th/8th in Coeur D’Alene, Idaho.
Whereas, Article II, Section 1, Clause 5 of the United States Constitution states that No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President…
Whereas, Barack Hussein Obama was not born until the 20th century and was thus not a Citizen of the United States in the Year of Our Lord, 1788 when our Constitution was adopted.
Whereas, Article I, Section 8, Clause 10 of the United States Constitution states that The Congress shall have Power …To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations.
Whereas, The Law of Nations is a set of books by the Swiss writer Emerich de Vattel and was originally published in the French language in 1758. This important work was studied by our founders, particularly as evidenced by George Washington’s two-hundred year overdue copy from the New York Public Library, and defines the principles of the law of nature applied to the conduct and affairs of nations and sovereigns. Its clear reference in the United States Constitution is proof positive of our Founders’ desire that it be a primary source of understanding.
Whereas, Book 1 of The Law of Nations, Chapter XIX, § 212 (Joseph Chitty numbering) – “Citizens and natives” reads:
The citizens are the members of the civil society; bound to this society by certain duties, and subject to its authority, they equally participate in its advantages. The natives, or natural-born citizens, are those born in the country, of parents who are citizens. As the society cannot exist and perpetuate itself otherwise than by the children of the citizens, those children naturally follow the condition of their fathers, and succeed to all their rights. The society is supposed to desire this, in consequence of what it owes to its own preservation; and it is presumed, as matter of course, that each citizen, on entering into society, reserves to his children the right of becoming members of it. The country of the fathers is therefore that of the children; and these become true citizens merely by their tacit consent. We shall soon see whether, on their coming to the years of discretion, they may renounce their right, and what they owe to the society in which they were born. I say, that, in order to be of the country, it is necessary that a person be born of a father who is a citizen; for, if he is born there of a foreigner, it will be only the place of his birth, and not his country.
Whereas, the 1995 memoir Dreams from My Father: A Story of Race and Inheritance repeatedly references Barack Hussein Obama’s father as being of Kenyan citizenship.
Whereas, the April 27, 2011 “Certification of Live Birth” (long form) birth certificate posted on the whitehouse.gov website confirms that the Kenyan, Barack Hussein Obama, Sr., is the father of the current White House occupant.
Whereas, the Immigration and Naturalization Services records of Barack Hussein Obama, Sr., as recently obtained by the “Arizona Independent,” confirm his dual Kenyan and British citizenship.
Whereas, Amendment 20, Section 3 of the United States Constitution states that …if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.
Resolved, that the Constitution Party finds that the putative president Barack Hussein Obama is not a natural born Citizen and has thus failed to qualify for the office of U.S. President.
Resolved, that the Constitution Party advocates the immediate removal of the usurper and the installation of an eligible candidate to the office of acting President.
Resolved, that the Constitution Party calls upon Congress to act in its 20th Amendment capacity to immediately reconvene the December 2008 Electoral College and appeals to it to hold a new vote amongst all eligible 2008 party nominees and independent candidates so as to elect a legitimate president to fill out the remaining term.
Resolved, that the Constitution Party also calls upon Congress to act in its 20th Amendment capacity to immediately pass such laws as may be necessary to lay before the public with unquestionable legal authority that body of government or official(s) which is to have primary responsibility in determining presidential eligibility. We the people demand an end be put to the audacious questions of standing and passing the buck between members of Congress and the judiciary for this critical issue.
Resolved, that the Constitution Party calls for an immediate independent investigation into Barack Hussein Obama’s background, actions, associations, and public and private records and demands thorough and swift prosecution of all those persons and organizations involved in the perpetration, cover-up, enabling and abetting of any and all associated fraud.
Resolved, that the Constitution Party calls for the nullification of all laws and executive orders enacted by the Obama administration including the removal of Supreme Court Justices Sonia Sotomayor and Elena Kagan as well as all other persons appointed to any and all offices by the putative usurper president.
By unanimous vote of its Executive Committee, at meeting duly assembled in Terra Alta, Preston County, September 11, 2011, the Constitution Party of West Virginia has adopted the following state platform position:
Motor Vehicle Laws
Free people have a common law right to travel on the roads and highways that are provided by their government for that purpose. This natural right is an unrestricted one as long as there is no damage or violation of the property or rights of others. The 1215 Magna Carta, the basis of all of our American founding documents, enshrined this right to travel in Articles 41 and 42 which respectively state, “All merchants may enter or leave England unharmed and without fear, and may stay or travel within it, by land or water, for purposes of trade, free from all illegal exactions,” and “It shall be lawful to any person, for the future, to go out of our kingdom, and to return, safely and securely, by land or by water.” Additionally, in Shapiro v Thompson, 394 U.S. 618 (1969), Justice Potter Stewart noted in a concurring opinion that the right to travel “is a right broadly assertable against private interference as well as governmental action. Like the right of association…it is a virtually unconditional personal right…” The Articles of Confederation had an explicit right to travel, and we hold that the right to travel is so fundamental that the Framers thought it was unnecessary to include it in the Constitution or the Bill of Rights. “The right to travel is a well-established common right that does not owe its existence to the federal government. It is recognized by the courts as a natural right,” declares Schactman v Dulles 96 App DC 287, 225 F2d 938, at 941.
Therefore, licensing of travelers cannot be required of free people because taking on the restrictions of a license requires the surrender of an inalienable right. This is confirmed in the Federal court decision Murdock vs. Pennsylvania 319 US 105 (1942) which said, “A state cannot impose a license, tax or fee on a constitutionally protected right.” As such we support legislation such as the Georgia Right to Travel Act, House Bill 875 (November 2009) and advocate replacing the state-issued license for travelers with a simple and privately issued (through DMV accredited training schools) Operator Competency Certificate. Note that this OCC would not be a form of identification and would only be for the sole purpose of promoting the safe operation of motorized conveyances on public roads. As exhibited at the Washington, DC Museum of American History’s “Transportation in America” display, wallet-sized operator’s certificates worked just fine for us for many years until they were surreptitiously converted into licenses in the 1950s. They contain no photographic images or biometric identifiers and are not part of or accessible by any criminal database or national ID system. Other forms of State ID such as passport cards are currently available and should remain completely voluntary.
As with the overtly Draconian “Obamacare” health insurance scheme which has been ruled unconstitutional and struck down by a number of courts (U.S. District Court Judge Roger Vinson of Florida, Federal District Court Judge Henry E. Hudson of Virginia, and the U.S. Appeals Court for the 11th Circuit in Atlanta to name just a few), compulsory motor vehicle insurance is also coercion to contract and equally unconstitutional. Likewise, annual safety inspections effectively result in collusion with repair facilities which benefit from the added customers. Whereas insurance agencies and auto shops are both for-profit businesses and there is no place in a truly free society for governments to be in bed with corporations, we call for a repeal of these fascist statutes and instead advocate a return to individual responsibility. Nobody wants to intentionally risk their own lives or the lives of others on the public roads and government regulations and legislation are not guarantees of safety. Thus, travelers should only be required to sign a simple legally binding annual agreement of financial responsibility, competency, and medical and equipment fitness.
The automobile is perhaps the ultimate example of the Declaration’s “life, liberty, and the pursuit of happiness.” Having a deep-rooted appreciation of our inventive and industrious heritage, we are passionate and nostalgic for them. Thus it is that our conveyances proudly belong to us and are our personal property. We seek an end to the hijacking of automobile ownership through DMV bureaucracy which covertly exchanges Manufacturer Statements of Origin (the iconic “pink slip”) for state-issued Certificates of Title and the now “privilege” of “driving.” Additionally, we favor using “number tags,” not “license plates” which generally stay with the conveyance for its life as is done in Europe. Whereas having to show tax paperwork to register a vehicle is akin to requiring a constitutionally prohibited poll tax to vote, we advocate the abolition of all feudal “property tax” rent payments. And, we declare that our constitutionally protected rights to privacy and against self-incrimination are held inviolate in our personal space inside of our modes of transportation. This is true whether it be with regard to unwarranted searches of our possessions or our personal decisions on the use of seat-belts, air bags, helmets, cell phones, daytime running lights or event data recorders.
The purpose of law enforcement is to protect and serve, not to act as revenue agents. Likewise, the only legitimate roles of the DMV are to keep track of rolling stock ownership, their associated number plates, registration tags, and operator training accreditation. Other than local bonds, all costs to provide and maintain the public roads should be borne by the annual plate tax which should be based solely on the manufacturer’s stated gross vehicle weight and not the perceived value of one’s conveyance. Since we propose eliminating its records of personal information and insurance bureau, the DMV will be greatly streamlined further reducing costs. Furthermore, we call for an end to prosecutions for victimless crimes where there are no injured parties. Operators of motorized conveyances are not criminals. Law enforcement can deal with motoring infractions in a civil and polite manner by brief detainments for safety talks and the point system. Highway speed limits should be based on average traffic pattern values rather than arbitrary numbers.
Roadblocks are properly used only to promote the public safety, particularly in emergency situations, and for manhunts and other legitimate procedures. We concur with both the Michigan Supreme Court and Justice Clarence Thomas (re: Sitz vs. Michigan) that slyly renaming them “sobriety checkpoints” opens the door to all manner of potential police harassment and intimidation and is blatantly unconstitutional on plain to see 4th and 5th Amendment grounds. Across the country, DUI roadblocks are being turned into multi-million dollar enterprises where they are used as an excuse to confiscate vehicles, assess crippling fines, and arrest motorists for a host of non-alcohol related violations. Likewise, we are opposed to unverifiable speed and red light cameras as well as anti-liberty stop and ID laws. We seek an end to street assaults against the sovereign people for failing to exhibit a State-issued confession of subject-class citizenship.
“The use of the highway for the purpose of travel and transportation is not a mere privilege, but a common fundamental right of which the public and individuals cannot rightfully be deprived,” concludes Chicago Motor Coach v. Chicago, 169 NE 221. Thus, and especially where rights secured by the Constitutions of the United States and the State of West Virginia are involved, the legislature has no power to abrogate the citizens’ right to travel by passing statutes forcing him to waive and convert that right into a privilege. “The claim and exercise of a constitutional right cannot be converted into a crime,” ruled Miller v U.S. 230F 486 at 489. There can be no sanction or penalty imposed upon an individual because of this exercise of constitutionally protected rights. We seek a common sense and unobtrusive yet responsible approach to motorist safety.
Appropriately enough, Phil Hudok received seventy six (76) official write-in votes in this year’s special election for governor. However, there were 425 total write-in votes recorded ( as shown by the Secretary of State’s report http://apps.sos.wv.gov/elections/results/statesummary.aspx ), so why were 268 not counted? This MUST BE INVESTIGATED!
A sincere thank you to everyone who voted for Phil on October 4th.
Phil is from Huttonsville near Elkins in Randolph County and was the CP’s ballot-qualified candidate for U.S. Congress, 2nd District last year. More information about Phil and his candidacy can be found on his campaign website at www.hudok.com.